Terms and Conditions
The terms "We" / "Us" /"Our"/”Company” individually and collectively refer to Phalada
Organic Consumer Products Pvt Ltd. and the terms "Visitor”, ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“www.pureandsure.in”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided inthese terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
A.Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse"
to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network
security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such
violations.
B.General Rules
Visitors may not use the Website in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b)in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory,
pornographic, profane, obscene, threatening, abusive or hateful.
INDEMNITY
The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.pureandsure.in or their breach of the terms .
LIABILITY
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of
user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and
special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to
user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF
CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost
profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the
possibility of such damages
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Products or service
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our returns and refunds policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and service provided on the website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or service that we offer through the website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
The provision of service on the website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.
Opening an account
The website allows only limited and restricted access to the service for unregistered users.
As part of the sign-up process, you will have to create an account on the website (“account”), which can be done either by signing up through facebook, google, by your personal e-mail address or through such other means as may be indicated by us from time to time. In case of login through personal e-mail address, you will be required to provide an e-mail address and a password. While signing-up with us, you shall not (a) create an account for anyone other than yourself, unless such person’s prior permission has been obtained; or (b) create an account that is the name of another person with the intent to impersonate that person. You are solely responsible for all activities that occur under the account and hereby undertake that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of india.
We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the website and the account.
Once registered, you can log in to the account by (a) using the e mail address and password; or (b) by logging into facebook or other third party websites/modes, provided at the time of signing-up (“login credentials”). You agree that the sole responsibility of maintaining the security and confidentiality of the login credentials rests with you at all times. You shall not share these login credentials with any third party. In no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of your use of the website or the login credentials, theft of the login credentials or release by you of the login credentials to a third party, or your authorization to allow another person to access and use the website using the account.
You agree to (a) immediately notify us of any misappropriation or unauthorised use of the account or any other breach of security via. The registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by us; and (b) exit from the account at the end of each session. You may be held liable for losses incurred by us or any user or visitor of the website due to authorised or unauthorised use of the account, as a result of your failure in keeping the login credentials confidential.
If you do not want to create an account on the website, you, as an unregistered user, are permitted to make purchases on the website without creating an account by using the option of ‘guest checkout’. In order to avail this ‘guest checkout’ option, you shall be required to provide us with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide us will not be saved on the website and you will be required to re-enter such information every time youuse ‘guest checkout’ on the website at the time of purchase.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from the website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our returns and refunds policy.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Phalada organic consumer products pvt ltd.may enable you to link your user account with a valid account on a third party social networking, email or content service such as facebook, instagram, youtube, or twitter, (such service, a “third-party service” and each such account, a “third-party account”) by allowing phalada organic consumer products pvt ltd.to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account.
You represent that you are entitled to disclose your third party account login information to phalada organic consumer products pvt ltd.and/or grant phalada organic consumer products pvt ltd.access to your third-party account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating phalada organic consumer products pvt ltd.to pay any fees or making phalada organic consumer products pvt ltd.subject to any usage limitations imposed by such third-party service providers.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
Third-party links
Certain content, products and services available on our website may include third party materials, links or interactive functionality interacting with the websites of third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise or post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the website or any specific page, blog of the website (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You hereby grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the comments and create derivate works of the comments. You represent and warrant that you own or otherwise control all of the rights to the comments that you post or that you otherwise provide on or through the website.
You, being the originator of the comments, are responsible for the comments that you upload, post, publish, transmit or otherwise make available on the website. You represent and covenant that you have obtained all relevant consents and approvals in order to post any comments and that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibiliy and assume no liability for any comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove comment that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
Agreement to receive communication
You hereby by way of accepting These terms of service consent to the receipt of communication from us by way of in app messages, short message service (sms) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).
Personal information
Your submission of personal Information through the website is governed by our privacy policy. Please review the privacy policy to understand our privacy practices. The personal information / data provided to us by you during the course of usage of the website will be treated as strictly confidential and in accordance with the privacy policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
Errors, inaccuracies and omissions
Occasionally there may be Information on our website or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time with prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Payment facility
The website permits payment via various modes, including cash on delivery (cod), virtual payment wallets and online payments through debit/credit cards and internet banking.
If you purchase the products using the cash on delivery (cod) option, the orders placed will be Dverified before dispatch through via. E-mail or multimedia text messages as sms, whatsapp, or phone calls from us on the e mail address or mobile number provided at the time of signing up or when the order was made. Upon delivery of the products, you are not permitted to refuse receipt of such products. In the event that you refuse receipt of such delivered products and/or do not pay for the same, we reserve the right to blacklist you and block access to your account on the website and/or take any other action as we may deem fit.
While availing any of the payment method/s available on the website, we will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transaction(s); (b) exceeding the pre-set limit mutually agreed by you and between bank/s; (c) any payment issues arising out of the transaction; (d) rejection of transaction for any other reason(s) whatsoever.
All payments made against the purchases on website by you shall be compulsorily in indian rupees. It is expressly clarified that we will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the website.
You acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond our control.
Prohibited uses
In addition to other prohibitions as set forth in the terms of service, you agree, undertake and covenant that, during the use of the website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that Belongs to another person or entity and to which you do not have any right, except as expressly provided in these terms of service; Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever; Is misleading in any way; Is harmful to minors; Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; Infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
Provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses; Tries to gain unauthorized access or exceeds the scope of authorized access to the website or o profiles, communities, account information, bulletins, or other areas of the website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the website; Engages in commercial activities without our prior written consent such as engages in contests, sweepstakes, barter, advertising etc;
Interferes with another person’s use of the website;
Impersonates another person;
Threatens the unity, integrity, defence, security or sovereignty of india, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
Refers to any website or url that, in our sole discretion, contains material that is inapp opriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these terms of service; Deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; Contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; and Violates any applicable law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the website, and expressly agree and acknowledge than in no event and under no circumstances we shall be held liable to you for any liabilities or damages resulting from or arising out of your use of the website.
You agree and acknowledge that you shall not use the website for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the website. You further agree and acknowledge that you shall use the service provided on the website only for your p rsonal use and not for business purposes.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We shall have the right, but not the obligation, to monitor your access to or use of the website to ensure your compliance with these terms of service or applicable laws, at our sole discretion.
We reserve the right to terminate your use of the service or any related website for any of the prohibited uses.
Referrals and rewards
From time to time, we may offer referral bonuses and rewards to you for inviting new users to the website and for completing other activities.
Disclaimer of warranties; limitation of liability
The website and all information, content, materials and services included on or otherwise made available to you through the website (collectively, the “content”) are provided by us on an “as is,” “as available” basis, without representations or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement, satisfactory quality, compatibility, applicability, usability, appropriateness, as to the operation of the website, the accuracy or completeness of the content and the accuracy of the information. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that the use of website is at your own discretion and sole risk and that you will be solely responsible for any damage resulting from any transaction. No advice or information, whether oral or written, obtained by you from us or through or from the website or content shall create any warranty. You expressly agree that your use of, or inability to use of the service is at your sole risk.
Further, we shall have no responsibility for any damage to your mobile phone or loss of data that results from the download of any content, materials, documents or information.
In no case shall we, our affiliates and our respective directors, officers, employees, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurrd as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You hereby agree to waive, release, discharge, and hold us harmless including our partners, affiliates and group companies (as applicable) and each of their respective officers, directors, employees and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the services available on the website.
Entire agreement
These terms of service, the privacy policy, other referenced material herein or on the website and any policies or operating rules posted by us on this website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
Governing law
These terms of service and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of india. The place of jurisdicoion shall exclusively be in Bengaluru, Karnatake. In the event of any dispute arising out of these terms of service the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the arbitration and conciliation act, 1996. The venue and seat of arbitration shall be Bengaluru, Karnataka.